What’s Money Got to Do with It?: Public Interest Lawyering and Profit

Abstract

Definitions of public interest lawyering influence financial support, regulation of lawyers, and professional identity. This Article examines three contexts in which legal institutions have operationalized the concept of public interest lawyering: tax exemptions, exceptions to solicitation prohibitions, and fee-shifting statutes. The Article critiques the common conception of public interest lawyering as work provided by non-profit organizations or through volunteer activities outside the mainstream market for legal services. It argues that interpreting public interest lawyering as a market exception not only is incomplete but also threatens the viability of important work.

Keywords: public interest lawyering, cause lawyering, access to justice, legal ethics, professional responsibility, court systems, attorneys' fees

JEL Classification: D31, D43, D45, D46, D53, H20, H23, K34, K41, L11, L31